FAMILY CODE
TITLE 1. THE MARRIAGE RELATIONSHIP
SUBTITLE A. MARRIAGE
CHAPTER 2. THE MARRIAGE RELATIONSHIP
SUBCHAPTER A. APPLICATION FOR MARRIAGE LICENSE
Sec.2.001.MARRIAGE LICENSE. (a) A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk of any county of this state.
(b)A license may not be issued for the marriage of persons of the same sex.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 2.002.APPLICATION FOR LICENSE. Except as provided by Section 2.006, each person applying for a license must:
(1)appear before the county clerk;
(2)submit the person's proof of identity and age as provided by Section 2.005(b);
(3)provide the information applicable to that person for which spaces are provided in the application for a marriage license;
(4)mark the appropriate boxes provided in the application; and
(5)take the oath printed on the application and sign the application before the county clerk.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 1, eff. September 1, 2009.
Sec. 2.003.APPLICATION FOR LICENSE BY MINOR. (a)A person under 18 years of age may not marry unless the person has been granted by this state or another state a court order removing the disabilities of minority of the person for general purposes.
(b)In addition to the other requirements provided by this chapter, a person under 18 years of age applying for a license must provide to the county clerk:
(1)a court order granted by this state under Chapter 31 removing the disabilities of minority of the person for general purposes; or
(2)if the person is a nonresident minor, a certified copy of an order removing the disabilities of minority of the person for general purposes filed with this state under Section 31.007.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 934 (S.B. 1705), Sec. 1, eff. September 1, 2017.
Sec.2.004.APPLICATION FORM. (a) The county clerk shall furnish the application form as prescribed by the bureau of vital statistics.
(b)The application form must contain:
(1)a heading entitled "Application for Marriage License, ______County, Texas";
(2)spaces for each applicant's full name, including the woman's maiden surname, address, social security number, if any, date of birth, and place of birth, including city, county, and state;
(3)a space for indicating the document tendered by each applicant as proof of identity and age;
(4)spaces for indicating whether each applicant has been divorced within the last 30 days;
(5)printed boxes for each applicant to check "true" or "false" in response to the following statement:"I am not presently married and the other applicant is not presently married.";
(6)printed boxes for each applicant to check "true" or "false" in response to the following statement:"The other applicant is not related to me as:
(A)an ancestor or descendant, by blood or adoption;
(B)a brother or sister, of the whole or half blood or by adoption;
(C)a parent's brother or sister, of the whole or half blood or by adoption;
(D)a son or daughter of a brother or sister, of the whole or half blood or by adoption;
(E)a current or former stepchild or stepparent; or
(F)a son or daughter of a parent's brother or sister, of the whole or half blood or by adoption.";
(7)printed boxes for each applicant to check "true" or "false" in response to the following statement:"I am not presently delinquent in the payment of court-ordered child support.";
(8)a printed oath reading:"I SOLEMNLY SWEAR (OR AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS CORRECT.";
(9)spaces immediately below the printed oath for the applicants' signatures;
(10)a certificate of the county clerk that:
(A)each applicant made the oath and the date and place that it was made; or
(B)an applicant did not appear personally but the prerequisites for the license have been fulfilled as provided by this chapter;
(11)spaces for indicating the date of the marriage and the county in which the marriage is performed;
(12)a space for the address to which the applicants desire the completed license to be mailed; and
(13)a printed box for each applicant to check indicating that the applicant wishes to make a voluntary contribution of $5 to promote healthy early childhood by supporting the Texas Home Visiting Program administered by the Office of Early Childhood Coordination of the Health and Human Services Commission.
(c)An applicant commits an offense if the applicant knowingly provides false information under Subsection (b)(1), (2), (3), or (4).An offense under this subsection is a Class C misdemeanor.
(d)An applicant commits an offense if the applicant knowingly provides false information under Subsection (b)(5) or (6).An offense under this subsection is a Class A misdemeanor.
Added by Acts 1997, 75th Leg., ch.7, Sec. 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 776, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.05, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 820 (S.B. 1836), Sec. 1, eff. June 14, 2013.
Sec.2.005.PROOF OF IDENTITY AND AGE. (a) The county clerk shall require proof of the identity and age of each applicant.
(b)The proof must be established by:
(1)a driver's license or identification card issued by this state, another state, or a Canadian province that is current or has expired not more than two years preceding the date the identification is submitted to the county clerk in connection with an application for a license;
(2)a United States passport;
(3)a current passport issued by a foreign country or a consular document issued by a state or national government;
(4)an unexpired Certificate of United States Citizenship, Certificate of Naturalization, United States Citizen Identification Card, Permanent Resident Card, Temporary Resident Card, Employment Authorization Card, or other document issued by the federal Department of Homeland Security or the United States Department of State including an identification photograph;
(5)an unexpired military identification card for active duty, reserve, or retired personnel with an identification photograph;
(6)an original or certified copy of a birth certificate issued by a bureau of vital statistics for a state or a foreign government;
(7)an original or certified copy of a Consular Report of Birth Abroad or Certificate of Birth Abroad issued by the United States Department of State;
(8)an original or certified copy of a court order relating to the applicant's name change or sex change;
(9)school records from a secondary school or institution of higher education;
(10)an insurance policy continuously valid for the two years preceding the date of the application for a license;
(11)a motor vehicle certificate of title;
(12)military records, including documentation of release or discharge from active duty or a draft record;
(13)an unexpired military dependent identification card;
(14)an original or certified copy of the applicant's marriage license or divorce decree;
(15)a voter registration certificate;
(16)a pilot's license issued by the Federal Aviation Administration or another authorized agency of the United States;
(17)a license to carry a handgun under Subchapter H, Chapter 411, Government Code;
(18)a temporary driving permit or a temporary identification card issued by the Department of Public Safety; or
(19)an offender identification card issued by the Texas Department of Criminal Justice.
(c)A person commits an offense if the person knowingly provides false, fraudulent, or otherwise inaccurate proof of an applicant's identity or age under this section.An offense under this subsection is a Class A misdemeanor.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.06, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 10, eff. January 1, 2016.
Sec.2.006.ABSENT APPLICANT. (a)If an applicant who is 18 years of age or older is unable to appear personally before the county clerk to apply for a marriage license, any adult person or the other applicant may apply on behalf of the absent applicant.
(b)The person applying on behalf of an absent applicant shall provide to the clerk:
(1)notwithstanding Section 132.001, Civil Practice and Remedies Code, the notarized affidavit of the absent applicant as provided by this subchapter; and
(2)proof of the identity and age of the absent applicant under Section 2.005(b).
(c)Notwithstanding Subsection (a), the clerk may not issue a marriage license for which both applicants are absent unless the person applying on behalf of each absent applicant provides to the clerk an affidavit of the applicant declaring that the applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 947 (H.B. 858), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 3, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 650 (H.B. 869), Sec. 1, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 934 (S.B. 1705), Sec. 2, eff. September 1, 2017.
Sec. 2.007.AFFIDAVIT OF ABSENT APPLICANT.The affidavit of an absent applicant must include:
(1)the absent applicant's full name, including the maiden surname of a female applicant, address, date of birth, place of birth, including city, county, and state, citizenship, and social security number, if any;
(2)a declaration that the absent applicant has not been divorced within the last 30 days;
(3)a declaration that the absent applicant is:
(A)not presently married; or
(B)married to the other applicant and they wish to marry again;
(4)a declaration that the other applicant is not presently married and is not related to the absent applicant as:
(A)an ancestor or descendant, by blood or adoption;
(B)a brother or sister, of the whole or half blood or by adoption;
(C)a parent's brother or sister, of the whole or half blood or by adoption;
(D)a son or daughter of a brother or sister, of the whole or half blood or by adoption;
(E)a current or former stepchild or stepparent; or
(F)a son or daughter of a parent's brother or sister, of the whole or half blood or by adoption;
(5)a declaration that the absent applicant desires to marry and the name, age, and address of the person to whom the absent applicant desires to be married;
(6)the approximate date on which the marriage is to occur;
(7)the reason the absent applicant is unable to appear personally before the county clerk for the issuance of the license; and
(8)the appointment of any adult, other than the other applicant, to act as proxy for the purpose of participating in the ceremony, if the absent applicant is:
(A)a member of the armed forces of the United States stationed in another country in support of combat or another military operation; and
(B)unable to attend the ceremony.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.07, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 650 (H.B. 869), Sec. 2, eff. September 1, 2013.
Sec. 2.0071.MAINTENANCE OF RECORDS BY CLERK RELATING TO LICENSE FOR ABSENT APPLICANT.A county clerk who issues a marriage license for an absent applicant shall maintain the affidavit of the absent applicant and the application for the marriage license in the same manner that the clerk maintains an application for a marriage license submitted by two applicants in person.
Added by Acts 2013, 83rd Leg., R.S., Ch. 650 (H.B. 869), Sec. 3, eff. September 1, 2013.
Sec.2.008.EXECUTION OF APPLICATION BY CLERK. (a) The county clerk shall:
(1)determine that all necessary information, other than the date of the marriage ceremony, the county in which the ceremony is conducted, and the name of the person who performs the ceremony, is recorded on the application and that all necessary documents are submitted;
(2)administer the oath to each applicant appearing before the clerk;
(3)have each applicant appearing before the clerk sign the application in the clerk's presence; and
(4)execute the clerk's certificate on the application.
(b)A person appearing before the clerk on behalf of an absent applicant is not required to take the oath on behalf of the absent applicant.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec.2.009.ISSUANCE OF LICENSE.
(a)Except as provided by Subsections (b) and (d), the county clerk may not issue a license if either applicant:
(1)fails to provide the information required by this subchapter;
(2)fails to submit proof of age and identity;
(3)is under 18 years of age and has not presented:
(A)a court order granted by this state under Chapter 31 removing the disabilities of minority of the applicant for general purposes; or
(B)if the applicant is a nonresident minor, a certified copy of an order removing the disabilities of minority of the applicant for general purposes filed with this state under Section 31.007;